Terms of Use

Welcome to whobreythreads.com ("Website"). Use of the Website listed here is subject to your acceptance of these Terms and Conditions ("Terms") and our Privacy Policy at www.whobreythreads.com. By using our Website, you agree to all Terms and Conditions stated herein. If you do not agree to all Terms and Conditions stated herein, please exit our Website immediately.

Medora James LLC, owns and operates whobreythreads.com ("Website"). As used in these Terms, "We" and "Us" refers to Medora James LLC, the Website, and its subsidiaries, parents, affiliates, officers, directors, licensors, vendors, website hosts, and employees; "You" or "Yours" refers to you as a user of the Website or as a subscriber or participant of any associated programs of the Website. 

We may change, modify, or alter these Terms, the Privacy Policy (in whole or in part), and/or any aspect of Website, at any time. If material changes are made, we will notify registered users by email and by posting a prominent notice on the Website. Any changes to the Website or these Terms, or the Privacy Policy will be effective when they are posted. These Terms are a binding legal document between you and us, so please read them carefully and check back from time to time for updates or changes. Once you leave our Website, our Terms and Privacy Policy no longer apply to your use of the Website or collection of your personal or other information. 

Payment Processor.

The Website uses Shopify to process credit card payments. Shopify's privacy policy is located at https://www.shopify.com/legal/privacy and their terms and conditions are located at https://www.shopify.com/legal/terms. Please read these policies so you can understand the manner in which your personal information will be handled by Shopify.

Account Security.

You are solely responsible for the maintenance and security, charges, or liabilities by use of your account information. To sign into your account, you will be prompted to enter your email address. You will then receive a sign-in code from whobrey@whobreythreads.com. Please treat this code as confidential and do not share it with any person or entity. We will never call or text you to ask for your sign-in code. Please notify us of any unauthorized access to or use of your username or codes or any other breach of security.

You must provide us information that is correct, current, and complete. Any information you provide to register for the Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We may disable your account if you violate any provision of these Terms or violate any other standard of behavior or policy.

General use of the Website will not require that you sign in, create an account, or submit any information to us. However, as noted above, access to certain programs and other offerings, such as receiving newsletters, placing orders, accessing certain information, participating in forums, or using or subscribing to other interactive features, may require that you set up an account. 

If you voluntarily choose to provide your personal information to receive newsletters or other communications from us, this information is covered under our Privacy Policy. Other than personally identifiable information, any information or other submissions, transmissions and/or postings that are communicated to us through the Website will be considered non-confidential/non-proprietary and will become, to the fullest extent permitted by law, our exclusive property. You are responsible for your own communications and are responsible for any consequences resulting from these communications. 

User Contributions.

The Website may contain interactive features such as testimonials and product reviews (collectively, "Interactive Services") that allow participants or Users to post, submit, publish, display, or transmit to other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms and will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You expressly allow us to sublicense any User Contributions made by you. You further waive any moral rights to User Contributions. 

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Website. 

Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. 
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, veteran status, or age. 
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Third-Party Providers.

Payment Processor and any other third-party providers are referred to as Third-Party Provider(s). We have no control over the contents of Third-Party Providers' websites, or any other third party-site and accept no responsibility for them or for any loss or damage that may arise from your use of them. Third-Party Providers may collect personal information such as name, address, and payment method, as well as IP address and other information about your device or browser. This data may be collected at the time of any payment, or when you set up an account or a payment method is stored on their systems, not ours. By submitting a payment or signing up for an account, you hereby consent to the use of your personal and non-personal information by our Third-Party Providers in accordance with their terms and conditions and privacy policies. Our policy regarding sharing information with Third-Party Providers is set forth in our Privacy Policy.

Third-Party Links.

In addition to our Third-Party Providers, we may from time to time, provide links to other third-party websites ("Third-Party Links") or other Internet resources for information only. We do not endorse, sponsor, or otherwise support such Third-Party Links, nor do we make any representations or warranties regarding their content, materials, or other information you may obtain from them. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk. We EXPRESSLY AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY AND LIABILITY FOR ANY SUCH THIRD-PARTY LINKS.

If you use the Website and are not a US citizen, it's up to you to understand the laws of your locale. You further understand that you use the Website at your own risk, and that it is your responsibility (and not ours) to make sure that your use of the Website complies with all applicable local laws. IF YOU ARE NOT A US RESIDENT, BY SUBMITTING YOUR PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU CONSENT TO THE TRANSFER OF SUCH DATA TO THE UNITED STATES, WHERE YOUR DATA WILL BE GOVERNED BY UNITED STATES LAWS, THAT MAY PROVIDE A LEVEL OF DATA PROTECTION DIFFERENT THAN YOUR COUNTRY.

Ownership; Restrictions on Use.

All Content and all copyrights, trademarks, service marks, trade names, and any and all other intellectual property rights ("IP Rights") are owned by us or our licensors and are protected by applicable US and international copyright and other intellectual property laws. You do not have, nor are entitled to claim, any rights in and to the Content, the Website, or any portion thereof except as granted in these Terms. No information from the Website can be distributed or transmitted in any way without our prior written consent. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy / publicity, and other laws and regulations. 

Linking to or Sharing Content from our Website. 

When used only in a not-profit format, Articles or other Content may be copied from the Website without specific permission, but only when copied in full, with copyright, contact, and creation information intact. For any other use, if you would like to use any Content from the Website, you must obtain our written permission. Please contact us at whobrey@whobreythreads.com. Creating or maintaining any link from another website or Third-Party Link without our prior written permission is prohibited. Running or displaying the Website or any information or material displayed on this Website in frames or through similar means on another website, application, or social media service without our prior written permission is prohibited. Any permitted links to the Website must comply with all applicable laws, rules, and regulations. 

Children's Privacy.

This Website is not intended to be used by anyone under the age of eighteen (18). We do not knowingly collect Personal Identifiable Information (as defined in our Privacy Policy) of anyone under the age of 18. If we become aware that we have received Personal Identifiable Information of anyone under the age of 18, we will take steps to remove the information. If you are a parent or guardian who believes your child has provided us with Personal Identifiable Information, please contact us at medorajamesclothiers@gmail.com to request the removal of such information. 

Accessibility.

We strive to make our Website accessible to all users. If you have any questions, comments, or suggestions regarding the accessibility of this Website, please email us at whobrey@whobreythreads.com.

Refunds, Exchanges, and Store Credit.

All returns for refund, exchange, or store credit must be sent back directly to us within 30 days of receiving your order. Items marked 'Final Sale' are not eligible for returns, exchanges, or store credit.

Return Requirements.

To be eligible for a return, exchange, or store credit, your item must be in the same condition that you received it, unworn and unused, with tags intact, and in its original packaging. All returns must have the hang tag intact. We will not offer refunds, exchanges, or store credit for products that are returned with missing tags, deoderant marks/residue, makeup, rips, pet hair, odor (such as smelling of cigarette smoke), stains, or any other type of damage or signs of wear. All original packaging must be included in your order to receive a full refund/store credit.

We reserve the right to reject any return that does not meet our specified requirements. 

Return Shipping.

There is no fee for return shipping.

Refund Timeline.

Once your return has been received, inspected, and approved, your refund will be processed, and you will be notified via the contact information you provided during checkout. Please allow up to 15 business days from when your return arrives for us to process your return.

Damaged Product.

If you received a damaged product, please contact us directly via email at whobrey@whobreythreads.com within 5 days of receiving your order. We will replace the damaged item as quickly as possible based on product availability. 

Force Majeure - Delays Outside Our Control.

We are not liable for delays outside of our reasonable control. This includes but is not limited to delays caused by natural disasters, pandemics, acts of war or terrorism, riots, labor conditions, or governmental actions.

DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE (AND ANY PORTION OF THE WEBSITE) IS PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). We do not make any warranties or representations about the accuracy or completeness of Content available on or through the Website or the content of Third-Party Links or personal social media, and we assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Website (or any parts thereof); (iii) any interruption or cessation of transmission to or from the Website; (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website (or any parts thereof) by any third party; or (v) for any loss or damage of any kind incurred as a result of the use of any Content made available on or through the Website. We reserve the right, in our sole and exclusive discretion, to change, modify, add, remove, or disable access without notice to any portion of the Website. 

LIMITATION OF LIABILITY.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE (OR THE USE OF ANYONE USING AN ACCOUNT REGISTERED TO YOU) OF THE WEBSITE OR ANY PARTS THEREOF. OUR MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE SHALL NOT EXCEED $500 OR THE AMOUNT YOU PAID US, WHICHEVER IS GREATER. 

Indemnification.

You will indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) that such parties may incur as a result of or arising from your use of or connection to the Website, any violation of the Terms by you, or your violation of any rights of another party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website. 

Further, you will indemnify and hold us, our affiliates, subsidiaries, employees, officers, directors and agents harmless from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and costs) arising from your participation in the Programs. 

Injunctive Relief.

Notwithstanding anything to the contrary herein, you hereby irrevocably waive any right or remedy to seek and/or obtain injunctive or other equitable relief or any order with respect to, and/or to enjoin or restrain or otherwise impair in any manner, the production, distribution, exhibition or other exploitation of us or the use, publication or dissemination of any advertising in connection to the Website. 

Waiver of Jury Trial.

TO THE MAXIMUM EXTEND PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS. The parties acknowledge that, if any of the provisions of this paragraph are currently unenforceable under applicable law, they mutually intend for this paragraph to apply in the event such provisions later become enforceable under such law. This provision shall remain in full force and effect notwithstanding any termination of your use of the Website. 

Arbitration.

Any controversy or claim between us and you arising out of or relating to these Terms or the Website that cannot be settled in small claims court shall be subject to binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party in any action between the parties relating to these Terms or the Website shall be entitled to reimbursement of all costs as well as outside attorney fees. 

Termination. 

We may, in our sole discretion and at any time, terminate or temporarily suspend your rights under these Terms and otherwise your access to the Website for any reason. We may also, in our sole discretion and at any time, discontinue the Website or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. YOU UNDERSTAND AND AGREE THAT WE MAY TAKE ANY ONE OR MORE OF THESE ACTIONS WITHOUT ANY NOTICE TO YOU, PRIOR OR OTHERWISE, AND YOU UNDERSTAND AND AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF YOUR (OR ANYONE ELSE'S) ACCESS TO OR USE OF THE WEBSITE OR PARTS THEREOF. You may discontinue your access to the Website at any time. 

Changes in Ownership.

In the event of a merger, acquisition, or sale or all or part of us, or any of our affiliates or subsidiaries, your continued use of the Website signifies your agreement to be bound by the terms of use and privacy statement of the Website's subsequent owner or operator. In the event of a sale or change of ownership, we may freely assign these Terms to our successors without your consent. 

Severability; Waiver.

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 

Choice of Law & Venue.

THESE TERMS SHALL BE CONSTRUED AND ENFORCE IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF KENTUCKY WITHOUT REGARD TO ANY CHOICE OF LAW OR CONFLICT OF LAWS PRINCIPLES, REGARDLESS OF WHERE YOU LIVE, SHOULD ARBITRATION AS DESCRIBED HEREIN FAIL, ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE SHALL OCCUR AND BE INITIATED IN THE FEDERAL OR STATE COURTS LOCATED IN THE COMMONWEALTH OF KENTUCKY.